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L.E. SMITH GLASS CO. v. W.C.A.B. (CLAWSON)

813 A.2d 634 (2002)

L.E. SMITH GLASS COMPANY, Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (CLAWSON), Appellee.

Supreme Court of Pennsylvania.

Decided December 26, 2002.

Attorney(s) appearing for the Case

Charles W. Craven, Philadelphia, William J. Walls, Pittsburgh, for Amerisure Ins. Co.

Julie Ann Roland, N. Huntingdon, James A. Holzman, Harrisburg, Amber Marie Kenger, Mechanicsburg, for WCAB.

Michael Anthony Johnson, Mt. Pleasant, for Milton Clawson.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Justice NEWMAN.

We granted allocatur in this case to discuss whether a workers' compensation claimant can collect concurrent total disability awards for two separate injuries when each injury is totally disabling and, if so, the proper method of apportioning those awards. The Commonwealth Court determined that Milton Clawson (Clawson), the claimant in the present case, was entitled to concurrent total disability awards up to the statutory...

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